In the recent California Environmental Law & Policy Update of September 1, 2023, a significant development has transpired. This involves the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers, collectively referred to as “Corps”. In an unexpected move on Tuesday, both entities have released a new rule which dramatically downsizes the number of federally protected waters by more than half. This was spurred by a Supreme Court ruling which transpired in May, undoing safeguards for U.S. wetlands.
The change, a stark departure from established precedent, carries deep ramifications for both conservation and industry operations across the nation. Until the Supreme Court’s ruling, many of these waters had been within the purview of federal regulations and protections. But with the rule’s revision, the Corps will now oversee fewer bodies of water — a move that could have knock-on effects on industry practices.
This watershed ruling and subsequent response from the EPA could lead to major shifts for multi-industry regulations, from construction and real estate to more niche sectors. Given that federally protected waters often play a part in shaping industry sustainability practices, many are keenly watching to see what will come next.
The shift in policy could also significantly affect corporations’ compliance with environmental protection laws. With a reduction in the amount of federally overseen waters, those in the corporate sector will need to keep abreast of how these changes will impact their operational practices, and legal teams will need to equip themselves to advise on these new developments.
This news has been reported by Allen Matkins, who commented that this significant cut in federally protected waters has been part of a broader discussion around environmental law and policy in California, and, indeed, nationwide.